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(영문) 부산지방법원동부지원 2015.09.17 2014가합4148

징계결의무효확인

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The defendant is an incorporated association with the aim of contributing to the promotion of the C development in Korea and Busan region by towing creative consciousness for Korea through the promotion of Korean arts and communication with the public. The plaintiff was the former president of the defendant's member.

B. On July 17, 2014, the Defendant: “(i) the Plaintiff refused to comply with the request for cooperation in administrative procedure due to the change of the president of the Defendant; (ii) obstructed the Defendant’s business by suspending payment of the Busan Bank Account with the Defendant’s operating expenses; (iii) there are circumstances in which public funds are available; (iv) the Defendant, at D site, expressed the honor of Busan City, such as taking a bath to E, who is the president; and (v) the person in charge of the Busan City Culture and Arts Corporation, claiming the illegality of the Defendant’s general meeting and demanded perusal of relevant documents, including the minutes; (vii) the Plaintiff interfered with the payment of the exercise subsidy to the Defendant of the Busan Bank; and (vii) the Plaintiff’s discompetence with the enforcement division of the year 2011, in which the Plaintiff had held office as the president, divided the two members into B-year traditional B with the Defendant regardless of the Defendant (hereinafter “instant cause for disciplinary action”); and (vii) the cause for each of the causes for disciplinary action.

On the same day, the Defendant’s Disciplinary Committee passed a resolution to dismiss the Plaintiff’s member on the same day, and the same resolution was made at the meeting of the Defendant.

C. On July 18, 2014, the Defendant appeared and explained or notified the Plaintiff in writing that the disciplinary procedure corresponding to the expulsion is in progress due to the grounds for disciplinary action as seen earlier.

On August 5, 2014, the plaintiff sent a statement of argument to the defendant and the defendant's directors, stating his position by each disciplinary cause.